A Powerful Case Valuation ToolA Powerful Case Valuation Tool

Presented by the Alameda County Law LibraryPresented by the Alameda County Law Library

October 5, 2010October 5, 2010

    

Free at the Law Library!Free at the Law Library!

VerdictSearch Online database can be accessed VerdictSearch Online database can be accessed free of charge at the Main Library in Oakland. free of charge at the Main Library in Oakland.

We are the only public law library in Northern We are the only public law library in Northern California that offers patrons free access to California that offers patrons free access to VerdictSearch Online. VerdictSearch Online.

Reference Librarians are available at the Main Reference Librarians are available at the Main Library to provide one-on-one assistance in the Library to provide one-on-one assistance in the effective use of VerdictSearch.effective use of VerdictSearch.

What is VerdictSearch Online?What is VerdictSearch Online?Database containing searchable case reports drawn from Database containing searchable case reports drawn from ALM’s ALM’s VerdictSearch VerdictSearch (formerly (formerly Jury Verdicts WeeklyJury Verdicts Weekly) series ) series of publications.of publications.

VerdictSearch case reports summarize select VerdictSearch case reports summarize select jury verdictsjury verdicts, , judgmentsjudgments, , settlementssettlements, and , and ADR decisions ADR decisions reached in civil reached in civil lawsuits nationwide, disclosing the lawsuits nationwide, disclosing the monetary damages monetary damages awarded or awarded or settlement terms settlement terms reached in the lawsuit. (See handout #1)reached in the lawsuit. (See handout #1)

Featuring numerous search fields, VerdictSearch Online provides Featuring numerous search fields, VerdictSearch Online provides multiple points of entry into case reports through the Advanced multiple points of entry into case reports through the Advanced Search Tab, facilitating targeted searching for several major Search Tab, facilitating targeted searching for several major purposes. (See handout #2) purposes. (See handout #2)

VerdictSearch Online is used primarily as a case valuation tool, but VerdictSearch Online is used primarily as a case valuation tool, but can be used to perform three distinct types of searches.can be used to perform three distinct types of searches. (See (See handout #3)handout #3)

Print vs. Online AccessPrint vs. Online Access

The library has replaced its print subscription to The library has replaced its print subscription to VerdictSearch California VerdictSearch California at the Main Library with at the Main Library with VerdictSearch Online.VerdictSearch Online.

– The Hayward Branch maintains a print subscription to The Hayward Branch maintains a print subscription to VerdictSearch CaliforniaVerdictSearch California..

Patrons reported that researching in the print Patrons reported that researching in the print volumes of volumes of VerdictSearch California VerdictSearch California is time-is time-consuming and cumbersome. consuming and cumbersome.

– Separate index issued every six months, and each Separate index issued every six months, and each index must be consulted separately to identify cases on index must be consulted separately to identify cases on point. point.

Comprehensive CoverageComprehensive Coverage: Simultaneously search : Simultaneously search the content of all VerdictSearch titles published the content of all VerdictSearch titles published since 1985. since 1985.

Multiple Search ParametersMultiple Search Parameters: Online interface : Online interface features 15+ search fields, permitting flexible, features 15+ search fields, permitting flexible, focused searching. focused searching.

EfficiencyEfficiency: Select your search parameters and : Select your search parameters and generate a results’ list in seconds.generate a results’ list in seconds.

Delivery OptionsDelivery Options: Print and email delivery options : Print and email delivery options available. available. (See handout # 4)(See handout # 4)

Advantages of the Online InterfaceAdvantages of the Online Interface

Why Use VerdictSearch?: Why Use VerdictSearch?: Three Search TypesThree Search Types

Case ValuationCase Valuation: : Estimate what your case might be worth by Estimate what your case might be worth by reviewing damages obtained in comparable cases arising reviewing damages obtained in comparable cases arising from a specific injury or cause of action.from a specific injury or cause of action.– Estimating potential damages facilitates critical decision-making Estimating potential damages facilitates critical decision-making

with respect to accepting clients, requesting damages, and with respect to accepting clients, requesting damages, and evaluating settlement offers.evaluating settlement offers.

Background ResearchBackground Research: : Retrieve cases involving a specific Retrieve cases involving a specific party, attorney, judge, or expert witness to review verdicts, party, attorney, judge, or expert witness to review verdicts, settlements, judgments associated with that individual or settlements, judgments associated with that individual or entity. entity.

Identify Expert WitnessesIdentify Expert Witnesses: : Identify expert witnesses who Identify expert witnesses who have been retained in cases similar to yours and whose have been retained in cases similar to yours and whose testimony has contributed to a favorable outcome in similar testimony has contributed to a favorable outcome in similar cases. cases.

Your Your objectiveobjective will dictate your search strategy and the will dictate your search strategy and the limit(s) you select. limit(s) you select.

See Handout #3See Handout #3

Report Type (disposition)Report Type (disposition)Arbitration, Decision, Mediation, Settlement, Verdict-Plaintiff, Verdict-Arbitration, Decision, Mediation, Settlement, Verdict-Plaintiff, Verdict-Defendant, Verdict-MixedDefendant, Verdict-Mixed

Geographic LocationGeographic LocationVenue or CourtVenue or Court

Search by Name:Search by Name:Party, Expert, Attorney, Judge, Insurance CarrierParty, Expert, Attorney, Judge, Insurance Carrier

Area of ExpertiseArea of Expertise

Type of InjuryType of Injury

Case Type:Case Type:Primary Type and Secondary TypePrimary Type and Secondary Type

Plaintiff InformationPlaintiff InformationAge Range, Gender Age Range, Gender

Date RangeDate Range

Full-Text SearchFull-Text Search

Advanced Search Tab: LimitsAdvanced Search Tab: LimitsSee Handout #2See Handout #2

Advanced Search TabAdvanced Search TabThe limits you select depend on your objectives. The limits you select depend on your objectives.

What do you want to do?What do you want to do?

-Background Research-Background Research

-Case Valuation-Case Valuation

-Identify Expert Witnesses-Identify Expert Witnesses

Let’s Search!Let’s Search!

Advanced Search TabAdvanced Search TabSTEP 1:STEP 1:Select ReportSelect ReportType(s) and State(s)Type(s) and State(s)

STEP 2STEP 2: (Search type): (Search type)

Limit by NameLimit by Name

(Background Research)(Background Research)

OROR

Limit by AdditionalLimit by AdditionalSearch DetailsSearch Details(Case Valuation (Case Valuation or Identify Expert)or Identify Expert)

COMBINE / ORCOMBINE / OR

Limit by KeywordLimit by Keyword(Case Valuation or(Case Valuation orIdentify Expert) Identify Expert)

Begin your search by selecting the report type(s) Begin your search by selecting the report type(s) and geographic area(s) to which you would like to and geographic area(s) to which you would like to limit your search. limit your search.

First step in any search. First step in any search.

Step 1:Step 1:Limit by Report Type and State Limit by Report Type and State

Search Type #1Search Type #1

Background ResearchBackground Research

Use “Search by Name” limits to retrieve cases Use “Search by Name” limits to retrieve cases involving a specific party, attorney, judge, or expert involving a specific party, attorney, judge, or expert witness to review illustrative verdicts, settlements, witness to review illustrative verdicts, settlements, and judgments associated with that individual or and judgments associated with that individual or entity.entity.

Review Review past outcomespast outcomes in case dispositions/awards in case dispositions/awards associated with an entity or individual to associated with an entity or individual to identify identify trends trends and and predictpredict future behaviorfuture behavior. . – Is the party inclined to settle or use ADR? Is the party inclined to settle or use ADR? – Review awards a specific attorney has achieved.Review awards a specific attorney has achieved.

How successful?How successful?

– Review judgments a particular judge has awarded.Review judgments a particular judge has awarded.How generous? How generous?

Background Research Background Research

Background ResearchBackground Research: : “Search by Name” Limits “Search by Name” Limits

Party InvolvedParty Involved: : Use to retrieve past settlements and awards for or Use to retrieve past settlements and awards for or against an individual, business, or government entity.against an individual, business, or government entity.– ex: City of Oakland, Kaiser Permanenteex: City of Oakland, Kaiser Permanente

Insurance CarrierInsurance Carrier: Settlement terms reached with a specific insurance : Settlement terms reached with a specific insurance carrier. carrier.

Attorney NameAttorney Name: Research damages obtained by an attorney. : Research damages obtained by an attorney.

Judge NameJudge Name: Judgments awarded by a specific judge.: Judgments awarded by a specific judge.

Expert NameExpert Name: Cases in which a specific expert witness was retained and : Cases in which a specific expert witness was retained and whose testimony may have contributed to a favorable outcome.whose testimony may have contributed to a favorable outcome.

Search by Name Limit: Search by Name Limit: Party InvolvedParty InvolvedReview previous verdicts/settlements obtained against an entity. Review previous verdicts/settlements obtained against an entity.

Ex: “City of Oakland”Ex: “City of Oakland”

Search by Name Limit: Search by Name Limit: Attorney NameAttorney NameResearch awards achieved by a specific attorney. Ex: “John Burris”Research awards achieved by a specific attorney. Ex: “John Burris”

Search by Name Limit: Search by Name Limit: Judge NameJudge NameResearch judgments awarded by a specific judge. Ex: “Jo-Lynne Lee”Research judgments awarded by a specific judge. Ex: “Jo-Lynne Lee”

Search by Name Limit: Search by Name Limit: Expert NameExpert NameCases in which particular expert witness was retained. Ex: “Dennis Cases in which particular expert witness was retained. Ex: “Dennis Govan”Govan”

Search Type #2Search Type #2

Case ValuationCase Valuation

Use VerdictSearch to predict what your case might Use VerdictSearch to predict what your case might be worth by reviewing damages obtained in be worth by reviewing damages obtained in comparable cases.comparable cases.– Estimating potential damages facilitates critical decision-Estimating potential damages facilitates critical decision-

making with respect to accepting clients, requesting making with respect to accepting clients, requesting damages, and evaluating settlement offers.damages, and evaluating settlement offers.

Apply “Additional Search Details” limits to perform Apply “Additional Search Details” limits to perform case valuation searches.case valuation searches.

Case ValuationCase Valuation

““Additional Search Details” = What’s It Worth?Additional Search Details” = What’s It Worth?Combine limits related to type of injury, location, case type Combine limits related to type of injury, location, case type (cause of action), and age or gender of plaintiff to retrieve a list of (cause of action), and age or gender of plaintiff to retrieve a list of cases similar to your fact situation. cases similar to your fact situation.

Review damages awarded/obtained in comparable cases to Review damages awarded/obtained in comparable cases to estimate the potential value of your case. estimate the potential value of your case.

– What have judges/juries in Alameda County awarded for this injury?What have judges/juries in Alameda County awarded for this injury?– What have judges/juries nationwide awarded for this injury to a demographically similar plaintiff? What have judges/juries nationwide awarded for this injury to a demographically similar plaintiff?

: : Additional Search Details Limits:Additional Search Details Limits:Venue or Court; Type of InjuryVenue or Court; Type of Injury

Venue or CourtVenue or Court: Limit your search to verdicts, judgments and : Limit your search to verdicts, judgments and settlements realized in a specific county or court.settlements realized in a specific county or court.– Combine with “Type of Injury” and/or “Case Type” limits to review what judges/jurors Combine with “Type of Injury” and/or “Case Type” limits to review what judges/jurors

in a county/court have awarded for a specific type of injury/COA/category of plaintiff.in a county/court have awarded for a specific type of injury/COA/category of plaintiff.

Type of InjuryType of Injury: Review damages awarded or settlements realized for : Review damages awarded or settlements realized for specific types of injuries. Ex. spinal cord contusion, brain damagespecific types of injuries. Ex. spinal cord contusion, brain damage

The Injury GuideThe Injury Guide: Lists in alphabetical order all injuries indexed by : Lists in alphabetical order all injuries indexed by VerdictSearch.VerdictSearch.

ALM Editors assign multipleALM Editors assign multiple “Case Types” “Case Types” to cases reported in their to cases reported in their publications based on cause(s) of action, legal issues, and facts. publications based on cause(s) of action, legal issues, and facts.

Use the Use the Primary Type Primary Type and and Secondary TypeSecondary Type fields to retrieve cases fields to retrieve cases that feature one or two specific causes of action/legal issues. that feature one or two specific causes of action/legal issues. – How much have juries in California awarded in Sexual Harassment cases, in How much have juries in California awarded in Sexual Harassment cases, in

Common Carrier Liability cases?Common Carrier Liability cases?– Include the popular name of a statute in the Primary or Secondary Type fields to Include the popular name of a statute in the Primary or Secondary Type fields to

retrieve cases in which the harm arose from the violation of a statute.retrieve cases in which the harm arose from the violation of a statute. ex: ex: Civil Rights Act of 1964, Fair Labor Standards ActCivil Rights Act of 1964, Fair Labor Standards Act

The Case Type GuideThe Case Type Guide: Lists all the causes of action, statutes, and : Lists all the causes of action, statutes, and case types indexed by VerdictSearch, organized by area of law. case types indexed by VerdictSearch, organized by area of law.

: : Additional Search Details Limits:Additional Search Details Limits:

Case TypeCase Type

Limit your search to cases in which the plaintiff is demographically Limit your search to cases in which the plaintiff is demographically similar to your client. ex. Elderly woman, teenage boy similar to your client. ex. Elderly woman, teenage boy

Age and gender limits are typically used in combination with case type Age and gender limits are typically used in combination with case type or injury limits. or injury limits.

Age RangeAge Range: (x – y): (x – y)– Determine what impact plaintiff’s age might have on award, particularly if age was Determine what impact plaintiff’s age might have on award, particularly if age was

relevant to the harm suffered or the plaintiff belongs to a vulnerable age group.relevant to the harm suffered or the plaintiff belongs to a vulnerable age group.– Ex: Child abuse, predatory lending Ex: Child abuse, predatory lending

GenderGender: : – Particularly useful limit if gender was relevant to the harm suffered.Particularly useful limit if gender was relevant to the harm suffered.

: : Additional Search Details Limits:Additional Search Details Limits:

Plaintiff InformationPlaintiff Information

Case Valuation Search- Example #1Case Valuation Search- Example #1Limits: Type of Injury; VenueLimits: Type of Injury; Venue

Case Valuation Search- Example #2Case Valuation Search- Example #2Limits: Type of Injury; Age/Gender of PlaintiffLimits: Type of Injury; Age/Gender of Plaintiff

Case Valuation Search- Example #3Case Valuation Search- Example #3Limits: Case Type; Gender of PlaintiffLimits: Case Type; Gender of Plaintiff

Search Type #3Search Type #3

Identify an Expert Identify an Expert WitnessWitness

Area of ExpertiseArea of Expertise: VerdictSearch can also be used to : VerdictSearch can also be used to

identify expert witnesses in a particular field. identify expert witnesses in a particular field. – Combine with the “Venue” limit to identify local experts. Combine with the “Venue” limit to identify local experts.

– The Area of Expertise GuideThe Area of Expertise Guide: Lists in alphabetical order all : Lists in alphabetical order all areas of expertise recognized by VerdictSearch.areas of expertise recognized by VerdictSearch.

After you have identified potential experts, use the After you have identified potential experts, use the Expert Expert NameName limit to review cases in which that expert was called to limit to review cases in which that expert was called to testify. testify.

Identify an Expert WitnessIdentify an Expert Witness

Find an Expert WitnessFind an Expert WitnessLimits: Area of Expertise; VenueLimits: Area of Expertise; Venue

Full-Text SearchingFull-Text Searching

Full-Text SearchingFull-Text Searching

Can be used separately or in combination with other Can be used separately or in combination with other limits to narrow your search, regardless of your search limits to narrow your search, regardless of your search objective (background research, case valuation, or objective (background research, case valuation, or identification of expert witnesses).identification of expert witnesses).

Used when you want to limit your search to cases Used when you want to limit your search to cases containing a significant fact, element, or term that containing a significant fact, element, or term that cannot be expressed using the “Injury Type” or “Case cannot be expressed using the “Injury Type” or “Case Type” fields. Type” fields.

Ex: “duress,” “pit bull,” “bus driver,” “unnecessary,” name of Ex: “duress,” “pit bull,” “bus driver,” “unnecessary,” name of law firmlaw firm

Full-Text SearchingFull-Text Searching

Using Terms and ConnectorsVerdictSearch permits terms and connectors searching in VerdictSearch permits terms and connectors searching in the “Full-Text Search” boxthe “Full-Text Search” box. .

VerdictSearch recognizes standard search operators: VerdictSearch recognizes standard search operators: AND, OR, NOT, NEAR (proximity searching) and AND, OR, NOT, NEAR (proximity searching) and several more.several more.

Search for a phrase by enclosing the terms in brackets Search for a phrase by enclosing the terms in brackets { },using the ABOUT connector, or checking the box { },using the ABOUT connector, or checking the box next to “Find exact phrase.”next to “Find exact phrase.”

Truncation is possible using the wildcard % operator. Truncation is possible using the wildcard % operator.

Advanced Search Tips

Refining & Viewing Refining & Viewing Your Results Your Results

Results’ ListResults’ List

Refining Your ResultsRefining Your ResultsRefine SearchRefine Search: Return to “Advanced Search Tab” to : Return to “Advanced Search Tab” to narrow an overly-broad results’ list by applying additional narrow an overly-broad results’ list by applying additional search limits. search limits.

Search by DateSearch by Date: Specify a date range to limit your : Specify a date range to limit your search to recent awards or to identify trends.search to recent awards or to identify trends.-Limit your search to recent cases to estimate current/prevailing-Limit your search to recent cases to estimate current/prevailing

valuations for your client’s injury. valuations for your client’s injury.

Sorting Your ResultsSorting Your Results

Sort ResultsSort Results: Once you are satisfied with your results’ : Once you are satisfied with your results’ list, you can apply a “Sort Results By” limit to display the list, you can apply a “Sort Results By” limit to display the results in a way that is most meaningful to you. results in a way that is most meaningful to you. – Sort Results By LimitsSort Results By Limits: Date, Venue, Case Type, Report Type, : Date, Venue, Case Type, Report Type,

Verdict Amount. Verdict Amount. – Defaults to “Date” sort, with most recent cases displayed at the Defaults to “Date” sort, with most recent cases displayed at the

top of the results’ list. top of the results’ list.

View Full Case ReportView Full Case Report

Cases displayed in results’ list appear in “Summary Cases displayed in results’ list appear in “Summary View.”View.”

To view the full “Case Report” of a case in your results’ To view the full “Case Report” of a case in your results’ list, click on the “View full case report” button to the right list, click on the “View full case report” button to the right of the case summary. of the case summary.

The “Case Report” will open in a new window. The “Case Report” will open in a new window.

See Handout #1See Handout #1

Parts of a VerdictSearch Case ReportParts of a VerdictSearch Case Report

Verdict/Disposition: Dollar Amount of Award, Verdict-Defendant, or Verdict/Disposition: Dollar Amount of Award, Verdict-Defendant, or Confidential Award/SettlementConfidential Award/Settlement

Case Type(s): Cause(s) of Action Case Type(s): Cause(s) of Action

Case Name: Party Names, Case NumberCase Name: Party Names, Case Number

Venue: County in which dispute was adjudicated.Venue: County in which dispute was adjudicated.

JudgeJudge

Date: Date verdict, judgment, settlement reached.Date: Date verdict, judgment, settlement reached.

Attorney(s) and Expert(s) involved in the case.Attorney(s) and Expert(s) involved in the case.

Facts: Circumstances surrounding the injury/harm sustained and Facts: Circumstances surrounding the injury/harm sustained and summary of the allegations and defenses presented. summary of the allegations and defenses presented.

Injury: Details about injury/harm sustained and damages requested. Injury: Details about injury/harm sustained and damages requested.

Verdict Information: Case disposition; breakdown of award by Verdict Information: Case disposition; breakdown of award by category of damages. category of damages.

Editor’s Comments: Source of the reported information Editor’s Comments: Source of the reported information (plaintiff’s/defendant’s counsel, media). (plaintiff’s/defendant’s counsel, media).

See Handout #1See Handout #1

CAUTION!: Don’t Click the “X” CAUTION!: Don’t Click the “X”

When you are finished viewing a “Case Report,” When you are finished viewing a “Case Report,” minimizeminimizethe window, DO NOT the window, DO NOT closeclose it. it.

-Closing a window will-Closing a window willautomatically log you out of automatically log you out of VerdictSearch, with a VerdictSearch, with a twenty minute timeout.twenty minute timeout.

-Reference Librarian will need-Reference Librarian will needto call Customer Service to to call Customer Service to restore your session. restore your session.

To view another case in your results’ list, To view another case in your results’ list, minimizeminimize the Case Report the Case Reportyou are viewing and click the “View full case report” button locatedyou are viewing and click the “View full case report” button locatedto the right of the next case. to the right of the next case.

Delivery OptionsDelivery Options

PrintingPrinting: Content can be printed from : Content can be printed from VerdictSearch at a cost of .25 cents/page.VerdictSearch at a cost of .25 cents/page.

EmailEmail: Content can be emailed from : Content can be emailed from VerdictSearch to your personal email VerdictSearch to your personal email address address free of chargefree of charge. .

Printing from VerdictSearchPrinting from VerdictSearchSelect “File” Select “File” “Print” to print Case Report “Print” to print Case Reportto Reference Desk printer. to Reference Desk printer.

1. From Case Report, click on “Email Case”1. From Case Report, click on “Email Case”2.“Email Case” dialog box will appear.2.“Email Case” dialog box will appear.3. Select radio button next to “3. Select radio button next to “send report to only the send report to only the

followingfollowing””4. Enter your email address4. Enter your email address5. Click “Send Email” button.5. Click “Send Email” button.

Emailing a Case ReportEmailing a Case Report

Market Your PracticeMarket Your PracticePublicize your winning verdicts, settlements, andPublicize your winning verdicts, settlements, andjudgments by submitting them to ALM for judgments by submitting them to ALM for publication in the print and electronic versions of publication in the print and electronic versions of VerdictSearch. VerdictSearch. - Make VerdictSearch part of your marketing strategy! - Make VerdictSearch part of your marketing strategy!

Search ExamplesSearch ExamplesHandout # 5 Handout # 5